Release & Waiver / Terms and Conditions
ACKNOWLEDGEMENT OF DANGER AND RELEASE FROM LIABILITY
* For the purpose of this document the term Renter is taken to include any person who actually hires the vehicle or any other person who is a passenger in or on a vehicle owned by Aussie Motorcycle Hire Pty. Ltd. In this agreement "the company" means Aussie Motorcycle Hire P/L trading as Garners Motorcycles and Ride Australia Bike Tours and Rentals.
1a. By his signature on the front sheet of this document the renter and the additional renter warrants to the company that: This document constitutes his agreement to hire the motorcycle upon the terms and conditions on the front sheet and here in after set out;
1b. The renter is responsible for any infringements including but not limited to Speeding, Parking fines etc, and hereby authorises Aussie Motorcycle Hire P/L to charge his credit card for the amount of the infringements plus a processing fee of $50.00. A $10 toll pass is compulsory on all road motorcycle rentals.
1c. The Renter knows that motorcycling and related activities are a dangerous recreation and that participation in such activities will expose the Renter to the risk of serious injury or death. This possibility of injury or death can happen because of mechanical failure, the renters own actions while riding or as a passenger, road and weather conditions, the actions or failures to act by other people, including those travelling in company with the Renter, or any combination of these or other factors.
1d. The Renter recognises that the Renter may be injured or killed as a result of the Renter's or someone else's negligence, either active or passive or by any equipment failure of the sort which would permit suit against a manufacturer or supplier on a theory of strict (product) liability. The Renter hereby releases and indemnifies Aussie Motorcycle Hire Pty. Ltd. and all persons, agents, and employees from any claims or liability for death, personal injury or property damage howsoever caused, as a condition of acceptance to partake in the hire.
2. The Renter acknowledges and confirms that:
3. The Renter accepts the use of all equipment furnished to the renter by Aussie Motorcycle Hire Pty. Ltd. "as is" with any defects whether apparent or not. The Renter releases the company as described at the top of this document and all persons described in clause 1d. above from any strict or product liability for the renter's injury or death or property damage to whomsoever caused.
4. The Renter agrees to pay for any damage caused to the motorcycle up to the excess amount. Payment is due immediately once damage quote is completed by the company. The company has the right to terminate the hire at any time and recover the hired equipment at any time. The company reserves the right for any of its employees or representatives to enter on to the renter's property to recover any equipment or property belonging to the company.
5. Notwithstanding the provision of the Privacy Act or any other Legislation the Renter hereby authorises and directs Aussie Motorcycle Hire Pty. Ltd. to provide all information known to Aussie Motorcycle Hire Pty. Ltd. about the Renter including a copy of this form, accident reports, statements and any other documentation in possession or available to Aussie Motorcycle Hire Pty. Ltd. or any persons referred to in clause 1d above to any interested person.
6. Because laws regarding negligence or liability vary from State to State and Country to Country, the Renter understands and agrees that any legal action involving this release, or its effect, shall be governed by the laws of the State of Victoria, regardless of the place of injury, death or damage, or the location of any court in which such action is brought.
7. The Renter knows that the Renter must sign this agreement before the Renter may participate in any of the activities of Aussie Motorcycle Hire Pty. Ltd. as above or elsewhere. The Renter is hereby informed that if the Renter does not wish to sign this agreement, and therefore not hire, the Renter is entitled to a full refund of any deposit or fees which the Renter has paid, less a $100 processing charge / booking fee.
8. The Renter acknowledges that for the purpose of this declaration " Claims" means actions, suits, causes of action, demands, debts due, costs and expenses and other liabilities of any nature whether present, future or contingent, including but not limited to a claim arising from a negligent act or omission.
9. The Renter will be charged $150 call out fee if the bike has simply run out of petrol. It is the Hirer's responsibility to ensure the bike has adequate fuel at all times. Road bikes have a full tank at time of departure.
10.The Renter acknowledges that the company will not pay for any towing charges, in the case of an accident or breakdown always call Ride Australia Bike Rentalsfirst for instructions on (03) 9326 8676 (9am to 5.30pm) or number given at time of pick up (after Hours). If the hirer organises their own towing then it is at hirer's expense. If towing is organised by the hirer then the hirer is also liable for any damage caused by the towing company. (Tow companies do not tow motorcycles often and in most cases do not have the expertise to tie them down without damage.)
11.The motorcycle is not to be used in any race or on any race track, track day, organised enduro or safari event including on road or off road and adventure training. This includes but is not limited to BMW Safari or BMW Off road training events. Taking part in these events without our consent may result in no insurance cover. Talk to us about your plans as some events may be possible with special conditions.
Outback and Dirt Road Travel:
Outback travel on sealed or unsealed roads and travel on remote gravel roads or tracks can be dangerous unless you are well prepared and know how to deal with difficult situations. The key to doing this is to remember that the further you are from our shop the harder and longer it takes to help you. Even in major cities in Australia all tyre repair and motorcycle shops close at 12 noon on Saturdays and dont reopen until monday morning. (some dont open weekends at all). In the majority of small towns there will notbe a motorcycle shop and if there is they will most likely not work on late model motorcycles. They will be set up for farm machinery. You need to make us aware of your travel plans so we can talk to you about this and make sure you are aware of the risks. Its not all bad you just need to be prepared and aware. The bikes are not permitted on beaches, salt lakes[ wet or dry] or tidal estuaries. Should your bike break down for ANY reason on gravel roads then you will be responsible for recovery costs. This is for your own protection as unnecessary accidents happen every year. If you choose to ride in the outback or any gravel roads/tracks it's important you understand the sorts of issues that can arise.
The nature of the terrain often makes the journey very hard on the bikes and if something breaks in a remote area components can take many days even weeks to arrive. This means you could be waiting some time for repairs to take place. This is an inherent risk of traveling in these areas and please bear in mind it is your choice to be riding there. While everything possible will be done to get you going again as soon as possible, delays are beyond our control and so lost travel days and other costs such as accommodation ARE NOT REFUNDED no matter what the reason for the breakdown. It is up to you to organise the correct travel insurance that covers this.
One-way hire fees: These are a guide only based on off peak season and are subject to change depending on season and transport companies
From Melbourne
From Sydney
Shop does not have to be open to return bike. Bike returns to lock box ok if arranged prior to pick up.
Ride Australia Roadside Assistance Legal Terms
With our tours and rentals our own Roadside Assistance is usually available. This service consists of a team of qualified service professionals with expert knowledge of our bikes, tours, locations, accommodation, routes and related safety matters. In the event of any incident, breakdown or support requirement a phone call to this service activates a logged response.
Our team of Ride Australia Roadside Assistance experts can then provide and source the appropriate advice, help arrange changed accommodation or route diversions, and in the event of a breakdown, ensure you are safe and despatch an expert with a replacement bike of similar model to either repair your rental bike or replace so you can continue your tour.
The service is a support service to assist you in peace of mine and in endeavouring to ensure that whatever mishap or problem may occur you have a team of professionals in support. This service is normally includes in our costs and a replacement bike or repair and all advice is included in the costs. Any additional extra accommodation, detours, medical, emergency and or other support requirements may attract a fee.
